The term “white-collar crime” has been around for quite some time although there has been a whole lot of swinging back and forth as to its proper definition. The term actually originated way back in the 1930’s, a brainchild of sociologist Edwin Sutherland. In September 1987, the California Attorney General’s Office and the University of California at Berkeley sponsored Symposium 87 which focused specifically on the measurement and analysis of white-collar crimes and how to define them appropriately. The current definition of the term has actually been the collective efforts of legal experts and scholars who took part in such a symposium.
Presently, a white-collar crime is understood to be “an offense committed for gain, by means of concealment and without the threat or use of physical force, in which the offender abuses a position of public or private trust, confidence or influence within a purportedly lawful institution.” This is not a fixed definition but it more or less encompasses the classes of crimes that can collectively fall within such category. The crux of the offense to be labeled as a white-collar crime is essentially dishonesty or cheating. Most non-violent crimes have been lumped under this category such as the following:
- Bribery.
- Computer Crimes.
- Embezzlement.
- False Statements.
- Fraud.
- Obstruction of Justice.
- Perjury.
- Tax Crimes.
Frauds of almost all kinds have now been mostly classified under white-collar crimes. These would include specific acts of deceit such as insurance fraud, Medicare fraud, and worker’s compensation fraud. Perhaps among those crimes in the unofficial list, fraud is the most commonly committed with rough statistics showing more than half of the cases of white-collar crimes filed as falling under the category of fraud. In such cases, the act is always presumed to be deliberate, hence the element of malice or deceit. Moreover, unlawful gain has also been one of the major standards defining whether or not the act is fraudulent.
Note that in the state, penalties for white-collar crimes are severe. They include both imprisonment and fines as well as restitution costs. The presence of aggravating circumstances such as recidivism will also enhance the penalties further, especially when it comes to jail time. If you are one of those charged with a white-collar crime in California, do not waste precious time and seek the help of an experienced criminal defense lawyer licensed to practice in the state. Delay in contracting the proper legal services may place you in a very dangerous and compromising position, particularly where your liberty is concerned.
